TERMS AND CONDITIONS OF ENTRY 1. ENTRY AND APPLICATIONS

Transcription

1 BATH HALF MARATHON AND FAMILY FUN RUN TERMS AND CONDITIONS OF ENTRY V4 1. ENTRY AND APPLICATIONS 1.1 These terms and conditions (the Terms ) shall apply to the Bath Half Marathon (the Half Marathon ) and the Family Fun Run (the Fun Run ) and any other running event organised by the Race Organiser (together, the Race ). 1.2 The Terms apply to all entrants to the Race (the Participants ), including where you are entering as a parent for a child aged under 18 for whom you are responsible, your child. 1.3 The Race is organised and administered by Running High Events Limited a company incorporated in England with company number and whose registered office is at 14 Queen Square, Bath BA1 2HN (the Race Organiser which expression includes our employees, event officials, authorised agents, sub-contractors or volunteers). 1.4 A copy of these Terms is available on the Race website (the Website ). 1.5 Submission of an application to the Race Organiser does not guarantee acceptance or entry to the Race, and the acceptance of applications shall be at the sole discretion of the Race Organiser. 1.6 By submitting an application to the Race Organiser for consideration of entry to the Race, you agree to: (b) (d) (e) (f) (g) abide by these Terms and accept their governance of your participation in the Race; abide by any instructions given to you by the organisers, marshals and officials of the Race; abide by the rules and regulations set out by British Athletics, as well as other applicable athletics governing bodies, in force and as varied from time to time; the terms of our Cancellation and Refund Policy the use of your data and images as detailed in our Privacy Policy and enter into the Event. return your timing chip, where one has been issued as part of your race pack, or to pay on demand the sum of if I fail to return my timing chip to the Race Organiser either on the date of the Race, or by post within 14 days of the Race date. 1.7 Entries for the Race are offered on a first-come-first served basis and applications must be received by the Race Organiser by the date stated on the Website. 1.8 The Race Organiser takes no responsibility for applications which are delayed, incomplete, misdirected or lost. 1.9 Successful applicants will be notified by and the decision of the Race Organiser shall be final. BATH HALF TERMS OF ENTRY Page 1

2 1.10 If any of your contact details change, you must inform the Race Organiser as soon as possible using the means provided on the Website. Failure to do so may result in you not receiving relevant information about the Race These Terms shall take precedence over any contradictory or inconsistent clauses in the British Athletics rules or other governing body rules For more information, contact the Race Organiser at: Running High Events Limited, PO Box 3315, Bath BA1 6WX or call SAFETY AND WELFARE 2.1 The Race Organiser shall use reasonable endeavours to protect the safety and welfare of the Participants through the provision of certain safety and welfare facilities, but such provision by the Race Organiser shall not impose any responsibility or liability on the Race Organiser for the safety and welfare of the Participants or any other person beyond any responsibility or liability imposed by law. 2.2 Participating in the Race is potentially hazardous and requires a suitable level of physical fitness, and Participants must not enter unless they are suitably fit, able and properly trained. Participants in the Half Marathon must be able to run a half marathon in 4 hours or less, and Participants in the Fun Run must be able to run a 1 mile fun run. If you are in any doubt we recommend you seek medical advice. 2.3 The Race Organiser may, in its absolute discretion, stop any Participant from taking part in the Race at any time (including before or during the Race) if the Race Organiser deems that person: (b) unfit, unsafe or unsuitable to participate; to behave inappropriately; or may cause offence or injury to himself or herself, any spectators, other Participants or any other person. This includes but is not limited to displaying any clothing or other visual messages that are inappropriate or may cause offence. 2.4 Participation in the Race is entirely at the Participants own risk and by entering the Race, Participants acknowledge that the Race Organiser shall not be liable for death, injury, loss or damage arising from participation in the Race save to the extent that it is caused by the Race Organiser s negligence. 3. PARTICIPANTS 3.1 Participants agree to submit themselves to pre-race scrutiny if required by the Race Organiser or its agents. 3.2 Participants in the Half Marathon must be 17 years or older on the date of the Race. 3.3 Participants in the Fun Run under 11 years of age must be accompanied by a responsible adult Participant. 3.4 The use of any of the following is not permitted at the Race for safety reasons: (b) wheeled vehicles or devices (other than registered disabled wheelchair entrants); artificial aids; pets and animals; and BATH HALF TERMS OF ENTRY Page 2

3 (d) any other item which could potentially inhibit the flow or safety of other participants or which the Race Organiser reasonably deems may cause danger to you or other Participants. 3.5 Children s pushchairs are permitted in the Family Fun Run, but not in the Half Marathon. 3.6 If you are entered into the wheelchair section of the Race, you are only permitted to use a self-propelled wheelchair without gears or any mechanical, powered or electronic aid or device. If you are entered into the elite wheelchair section of the Race you will only use a racing wheelchair approved by World Para Athletics or by the Race Organiser 3.7 Entries to the Bath Half Marathon and Family Fun Run are personal to the applicant. You shall not swap, re-sell or transfer your entry to another person or to offer to swap, re-sell or transfer your entry to another person or allow another person to wear your race number for any reason, including if you cannot participate due to injury or illness. Any breach of this condition shall render the entry void. If you breach this condition the Race Organiser reserves the right to cancel your entry without refund and to exclude you from participation in future Races. 3.8 You shall not participate in the Race without wearing your registered race number on the front of your shirt or vest or without first completing the next of kin and medical details form on the back of your race number. 4. RACE EJECTION 4.1 The Race Organiser reserves the right to refuse entry to the Race or to ask you to cease participation if:- you fail to follow instructions given by Race officials; (b) you attempt to participate in the Race in a manner that we, acting reasonably, believe:- i. may cause injury to you or another participant; ii. iii. iv. may damage or harm the environment; in the opinion of the Race Organiser is likely to cause offence; or otherwise causes a risk or potential risk to health and safety including any failure, in whole or in part, to comply with the Race safety rules; in the opinion of the Race Organiser you are unfit to participate in the Race due to:- i. the consumption or use of alcohol or drugs; ii. iii. iv. an injury or illness; or you fail to arrive at the start location at the specified time; or you are unable to make sufficient progress in the Race to allow you to complete the event in line with timelines set by Race officials. Competitors will only be eligible for a medal and to feature in the results in they complete the course before the official cut off time which is currently on the day of the Race (subject to variation at the Race Organisers' discretion). BATH HALF TERMS OF ENTRY Page 3

4 4.2 If, in accordance with Condition 4.1, you are refused entry to the Race or the Race Organiser asks you to cease participation in the Race, you must remove their runner's identification number and electronic chip and return them to a Race official. 4.3 Participants will have their results annulled and be banned from all future Races organised by Running High Events Limited for a period of up to five years if: Their running number is used by someone else in the Race, participating in the Race using a number registered to another participant, or using a counterfeit race number. (b) Found to be selling or passing their race number or timing chip to another person, or offering to sell or pass their race number or timing chip to another person. Gaining a GFA (Good for Age) or Elite place using another person s time. (d) Falsifying information on the entry form. (e) Any other breaches of the rules. 4.4 A second breach of any nature will mean results being annulled and a ban of up to life from all future Running High Events Limited events. 4.5 The decision of Running High Events Limited will be final. 5. THE ROUTE 5.1 Details of the route which shall form the Race circuit (the Route ) are available on the Website here: The Route depicted on the Website, in correspondence or in any publicity material may be changed by the Race Organiser without notice. 6. THE RACE TIMETABLE 6.1 The date, start and finish times of the Race (the Race Timetable ) indicated on the Website, in correspondence or in any publicity material may be changed by the Race Organiser without notice. Nevertheless the Race Organiser will use reasonable endeavours to notify Participants of any changes to the Race Timetable. 6.2 The Half Marathon start bays will close 30 minutes after the published Race start time (which is provisionally at 11.00am). Half Marathon Participants who do not start during this period (ie provisionally by 11.30am) will not receive official Race times. 6.3 Half Marathon Participants with projected finishing times of over 3 ½ hours will be required to run on the pavements in the latter stages of the Race as each section of road is reopened to traffic. Participants who fail to reach the 10km point (Churchill Bridge) within 2 ½ hours of the published Race start time (ie provisionally by 1.30pm) will be prevented from starting the second lap of the Half Marathon. 6.4 Participants who successfully finish the Half Marathon shall be notified of their finish times. The Race Organiser s decision shall be final. BATH HALF TERMS OF ENTRY Page 4

5 7. FEES 7.1 Participants must pay the relevant entry fee to the Race Organiser in full cleared funds when applying to enter the Race. 7.2 Full details of the relevant entry fees and the Race Organiser s payment details are set out on the Website. 7.3 Discounted entries for UK Athletic club members are subject to verification by the Race Organiser that home country athletic federation competition licence fees have been paid at time of entry. Participants whose competition licence fees are subsequently found not to have been paid for the current year at time of entry whether unpaid by the Participant or withheld by their club and who fail to pay the 2.00 entry fee surcharge within 14 days of request will have their entry cancelled, subject to a maximum refund of if cancelled before 26th December in the calendar year prior to the Race (if cancelled after this date no refund will be payable). 7.4 The closing date for UK Athletic club members to notify the Race Organiser of club affiliation, or change of club, will be 2 weeks before the Race, using the on-line Contact Us Form on the Website. 7.5 Official Race Charity entrants undertake to fundraise an agreed minimum sum for the named charity from whom the place is provided. The minimum fundraising amount, any initial donation and the period for payment will be agreed with the charity providing the place. In the event that you fail to meet the agreed fundraising target the Race Organiser reserves the right to cancel your entry and exclude you from participation in future Races. 7.6 If one or more members of an Athletic Club club are found by the Race Organiser to have breached these Terms (including any swapping, transferring or counterfeiting of entries into the Race) the Race Organiser reserves the right to exclude such club from participating in future Races, subject to a right of appeal to the Race Organiser. 8. USE OF IMAGE AND INTELLECTUAL PROPERTY RIGHTS 8.1 All intellectual property rights arising from or in relation to the Race are vested in and remain vested in the Race Organiser and shall not pass to or be otherwise licensed or exploited by or on behalf of any Participant or any other person without the prior written approval of the Race Organiser. 8.2 Advance written permission must be sought from the Race Organiser for any commercial filming or photography. Any commercial filming or photography without such a permit is prohibited. 8.3 The Race logo and any reference to or use of the Race or Race Organiser shall not be used, published or circulated (save for reasonable and good faith fundraising purposes) without prior written approval of the Race Organiser. 8.4 The Race may be televised, filmed and/or otherwise recorded and photographs may be taken all of which may capture your participation in the Race. You agree to the publication of such photographs, filming, recording and broadcasts and their use by the Race Organiser and those authorised by it in any way which we may see fit now or in the future including but not limited to film, broadcast, radio, TV, publications, websites, social media and publicity. 8.5 Any audio, visual, or audio-visual recordings that you make of the Race or any part of it are for personal use only and cannot be used for any commercial purpose. BATH HALF TERMS OF ENTRY Page 5

6 9. DATA PROTECTION 9.1 Please read our Privacy Policy Events-Ltd-Privacy-Policy-May-2018.pdf to understand how the Race Organiser will use your personal data. By entering the Race you accept and consent to the practices described in our Privacy Policy 9.2 Your personal information, including medical data collected for health and safety purposes, will be stored and used by us and our Race partners for purposes in connection with the organisation, staging and administration of the Race. 9.3 Participants consent to their details being used by the Race Organiser for its own marketing purposes on acceptance of their application for entry to the Race. 9.4 Anyone not wishing to receive any further communications from the Race Organiser must confirm this in writing to the Race Organiser. 9.5 By entering the Race you grant full and irrevocable permission for us to pass any personal or medical details you may have given us to the medical teams operating on the day of the Race to allow medical assistance to be given to you and to inform your next of kin and statutory authorities in the event of a medical emergency. 9.6 Any personal data relating to Participants will be used solely in accordance with current applicable data protection legislation and will not be disclosed to a third party without prior consent. 9.7 You consent to still and motion images of your participation in the Race being used for marketing and publicity purposes. 9.8 You agree that we may publish your personal information, including name, any club affiliation, race times, occupation, nationality, age and gender as part of the results for the Race, and may pass such information to British Athletics or any other affiliated organisation for the purposes of national rankings, insurance or permits. 10. CANCELLATION BY YOU (RACE ENTRANT OR PARTICIPANT) 10.1 If you need to cancel your entry into the Race, please see our Cancellations and Refunds policy for further details Race Participants who wish to cancel their entry must notify the Race Organiser of their cancellation request using the appropriate on-line Cancellation Form on the Website No carry forward place, refund or donation can be offered for Half Marathon entry cancellations which are not notified using the appropriate Website s on-line form Half Marathon cancellations before 26th December. Registered Half Marathon Participants who notify the Race Organiser of their cancellation request using the on-line Cancellation Form before 26th December in the calendar year prior to the Race, will be offered the choice of either a free carry forward place for the following year s Race, a refund of or a donation of to the Bath Half Marathon Fund. This applies to general public entries only, for charity entry cancellations see below Half Marathon cancellations after 26th December. Registered Half Marathon Participants who notify the Race Organiser of cancellation of their entry after 26th December in the calendar year prior to the Race and return their race pack to the Race Organiser before the date of the Race will be offered a Guaranteed Entry for the following year s Half Marathon, allowing them an extended period until 31st BATH HALF TERMS OF ENTRY Page 6

7 August to register their entry at the early bird discount price. This applies to general public entries only, for charity entry cancellations see below Half Marathon charity entry cancellations. Participants registered for a reserved charity entry through one of our Race Charities who notify the Race Organiser of cancellation of their entry and return their race pack to the Race Organiser before the date of the Race (where applicable) will be offered a Guaranteed Entry for the following year s Half Marathon, allowing them an extended period until 31st August to register their entry at the early bird discount price. Refund of any registration fees or donations paid by Participants direct to their charity will be at the discretion of the charity. Bronze Bond charity entrants who have paid their Race entry fee direct to the Race Organiser are eligible for a refund or Guaranteed Entry, as described 10.3 and 10.4 above Family Fun Run cancellations. No carry forward place or refund can be offered for Family Fun Run entries Transfers. Entries to the Bath Half Marathon and Family Fun Run are personal to the applicant and cannot be transferred or passed to another person, even in event of illness or injury of the Participant Return of timing chips. Participants agree to pay the sum of on demand if they fail to return to the Race Organiser the timing chip issued to them either on the date of the Race, or by post within 14 days of the Race date. 11. CANCELLATION BY THE RACE ORGANISER 11.1 The Race Organiser reserves the right, in its absolute discretion, to cancel, delay or postpone the Race due to unforeseen or unavoidable circumstances outside of its reasonable control. In such cases the Race Organiser will endeavour to inform participants as soon as reasonably practicable using suitable means of notice including , text message, event social media, television and radio broadcasts In the event that the Race has to be cancelled by the Race Organiser due to circumstances outside our control entry fees will be refunded, but damages in any claim for costs in relation to cancellation will be limited to refund of entry fees Where the Race has to be cancelled, delayed or postponed in accordance with clause 11.1 the Race Organiser shall not be liable for any inconvenience, expenses, costs, losses or damages suffered by Participants (including any travel or accommodation costs) The Race Organiser will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by circumstances outside of its reasonable control The Race Organiser reserves the right to refuse or cancel applications, to alter the date of the Race, the Route or Race Timetable. No refund can be given if the Race has to be changed due to circumstances outside the Race Organiser s control. BATH HALF TERMS OF ENTRY Page 7

8 12. DISCLAIMER 12.1 The Race Organiser shall be entitled to forbid entry to or participation in the Race if any of these Terms are breached The Race Organiser shall not be obliged to refund any fees paid by Participants or other third parties if any of these Terms are breached. 13. LIABILITY 13.1 Subject to clause 2.1 the Race Organiser accepts no liability for: (b) (d) (e) (f) (g) (h) (i) the acts or omissions of Participants including in each case their employees, agents, representatives or guests; where the Race has to be cancelled, delayed or postponed due to circumstances outside of our reasonable control (including, without limitation, adverse weather conditions or as a result of instructions from the local authority or emergency services); loss or damage; loss of profit; loss of reputation; loss of business, revenue or goodwill; loss of anticipated savings; pledges made on Participants behalf or by a Participant to charity; or consequential or indirect loss The Race Organiser does not exclude or limit in any way its liability for death or personal injury caused by its negligence Each Participant for itself and all those for whom it is directly or indirectly responsible shall indemnify the Race Organiser, its officers, employees, agents, representatives and sub-contractors and shall hold harmless from and against all costs and expenses of whatever nature, actions, proceedings, claims, demands and damage made against or caused against the Race Organiser, its officers, employees, agents, representatives and subcontractors arising from any breach of or from failure to abide by these Terms or from any act or omissions on the part of the Participant or those for whom it is responsible A supervised baggage facility is available at the Race for Participants, but all baggage is left at the owners risk, and the Race Organiser does not accept any liability for loss or damage to goods left at the baggage facility. BATH HALF TERMS OF ENTRY Page 8

9 14. GENERAL 14.1 If any provision of the Terms is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected The Terms do not create, confer or purport to confer any benefit or right enforceable by any person not party to them No failure or delay by a party to exercise any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy These Terms are governed by English law and are subject to the exclusive jurisdiction of the Courts of England and Wales. Bath Half Terms of Entry V4 revised 25 th May 2018 RUNNING HIGH EVENTS Ltd Correspondence Address : PO Box 3315, BATH BA1 6WX Public enquiries : racesecretary@runninghigh.co.uk Registered Office : 14 Queen Square, Bath BA1 2HN Registered in England : VAT Registration Number : BATH HALF TERMS OF ENTRY Page 9